Clutch fault and Sale of goods act

gollfy

Hi all,
I purchased a vw back in april and a 4/5 months in noticed a sound from the clutch. I had covered around 3500 miles. I purchased from a vw dealer a few hundred miles away so have taken it to my local one just before 6months.


Car has covered 37k and is a 2010 plate and has full vw history with 1 year extended warrenty




Gearbox has been dropped (after 6months time period) and they are diagnosing new clutch plates. They are not worn but they are blaming the springs on the friction plate for the noise and quoting wear and tear


I know the Sale of goods act can offer some protection when buying from a dealer, and its important to get in touch with the dealer within 6 months.
I did take it to another dealer and report the issue within 6 months but not the vw dealer I purchased from.
Does this mean it will be a waste of time going though the process?


I know clutches can be destroyed in seconds but the friction material is ok, they are saying the springs are at fault. I do have warrenty but that does not cover clutches:(


Car is at the dealers now, with a new clutch going in possibly tomorrow.


Any advice? Shall I ring the original dealer I purchased from and quote the SOGA or have I left it too long?

ThePubLandlord

Aren't you going to give the selling dealer a chance first?

gollfy

well its at my local dealer at the moment, did not want to drive a couple of hundred miles to let original dealer look at it.


Took to my local vw for them to diagnose which they could not do till gearbox was off:(


Which is the state its in now.

AdrianC

It was your choice to purchase from a dealer a couple of hundred miles away. Their location does not affect your rights in law, nor does it remove their right to inspect and repair the vehicle. By taking it to another business without asking the supplier first, you have placed yourself in the position of asking the supplier for goodwill, rather than relying on your legal rights.

You bought a five year old car six months ago, and after four or five months, the clutch started making a "noise"? If there's proof that the clutch has suffered a component failure, rather than wear, then the VW extended warranty should cover it.

If the clutch is worn, then no warranty or legal rights will cover it - whether that wear pre-dated your ownership or not.

I struggle to see how wear can affect the diaphragm spring on the friction plate and make it noisy, though. Are you sure it's not the release bearing (wear through the clutch pedal being "ridden") or the dual-mass flywheel that's the problem?

Nodding_Donkey

It's quite possible to kill a perfectly good brand new clutch in a matter of days, let alone a 5 year old one.

mattyprice4004

You've shot yourself in the foot by taking it to another dealer.
It wasn't the original dealer's fault you bought from such a distance - they still have the right to repair. Added to that, a clutch is indeed a wear and tear item.

Just going to have to suck this one up, I'm afraid.

dannyrst

The garage that has dropped the gearbox from your car are going to want paying for that work. Seems as though it is now a simple job to replace the clutch, just stump up the cash?

straighttalker

Clutch would be a wear and tear item so I doubt it'll be covered.

To have the best chance of getting any monetary contribution, you should have gone to the selling dealer.

EdGasket

They would say that the clutch is a wear and tear item so sorry you just have to pay; even more so as your car is in bits at a different garage!